What do I need to know about the burden of proof in a medical malpractice case?

In any medical malpractice case in New Mexico, the burden of proof lies with the plaintiff. This means that it is the plaintiff’s responsibility to prove that the defendant acted negligently and that this negligence caused the plaintiff harm. To prove a medical malpractice claim, the plaintiff must show that the defendant failed to meet the "standard of care". The standard of care is determined by looking at how a reasonable medical provider would act in similar circumstances. In New Mexico, medical malpractice cases require expert testimony from a medical professional who is familiar with the medical procedure and standard of care. This expert witness will provide key testimony to determine if the medical provider violated the medical standard of care. Furthermore, the plaintiff must prove that the defendant’s negligence caused the plaintiff direct harm. This means that the plaintiff must show that the defendant’s negligence was the direct cause of the injury or damages suffered. In New Mexico, medical malpractice cases are complex and require a deep understanding of medical law and procedures. If you believe that you or a loved one was the victim of medical malpractice, consulting with an experienced medical malpractice lawyer may help to determine if you have a valid claim and help you build a successful case.

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